A North Carolina sublease agreement is a legal document permitting a new renter (or “subtenant”) to live in part of or all of a property already being rented by a tenant (the “sublessor”).
In North Carolina, a tenant may sublease (or “sublet”) all or part of their currently-rented property to a subtenant. This arrangement is often mutually beneficial, because it allows the original tenant to earn some extra income and gives the subtenant a place to live for less than the full price of a normal rental.
Because North Carolina law holds the original tenant liable for any damages to the property and other breaches of the lease agreement (like not paying rent) caused by the subtenant, it’s important to think carefully before letting someone sublet your rental.
Learn more about what should be included in a North Carolina sublease agreement, and download our blank sublease template to get started.
Or to save time and ensure everything is filled out correctly, use our free North Carolina sublease agreement builder.
How to Write a North Carolina Sublease Agreement
- List the current tenant(s) (“sublessors”) and the prospective subtenants (“sublessees”) — Name each involved party and their role in the sublease.
- List the rental property’s address and property type — This is usually a house, apartment, or condo, but could be just a room in a house as well.
- List the address where you would like to receive rent payments and any legal notices — If you’re only subletting part of your property, this address is probably the same as the rental property. You can also opt to have these notices sent elsewhere if you’ve moved, like to your new residence, a PO box, or even your office.
- List the name of the landlord on the original lease and attach a copy of the original lease — Because the subtenant is responsible for complying with the terms and conditions of the original lease agreement, it’s important to let them know the content of that agreement.
- Add any additional information about the property, including restrictions — When you’re subletting an apartment or house, clearly set out what parts of the property are available (and unavailable) to the subtenant, from kitchen and storage facilities to parking spaces and community resources like a pool or gym. Again, remember to check the terms of your original lease to see if there are any restrictions in granting access to the subtenant.
- List the start and end dates of the sublease’s term — If it’s a month-to-month or week-to-week sublease, list the end date included in the original lease so that the subtenant won’t try to extend their tenancy beyond this date.
- List the rent, utilities, and any security deposit — The sublease agreement should set out both the full amount of rent and the portion the subtenant will owe. It should also specify how utilities will be split, and whether a security deposit is required. Because there are some complex laws as to when a security deposit may be used and when it must be returned to the tenant, many tenants opt to skip a security deposit when signing a sublease agreement.
North Carolina Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in North Carolina. Once you’ve filled out a North Carolina sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all North Carolina laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
North Carolina Landlord-Tenant Laws: Chapter 42 of the North Carolina General Statutes
In North Carolina, a sublessor must:
- Give a subtenant ten days (10) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide seven days (7) written notice of your intent to not renew the sublease and/or original lease that is month to month
North Carolina Sublease FAQs
Is subletting illegal in North Carolina?
No, subletting isn’t illegal in North Carolina as long as the original lease agreement doesn’t prohibit it.
Can a North Carolina tenant sublet without permission from the landlord?
All tenants must receive landlord permission before they may sublet a property in North Carolina. Furthermore, if the original lease agreement states that subletting isn’t allowed, this is generally the final word on the matter.
To get permission from your landlord, a tenant should send the request in writing, by certified mail, including most of the information listed above. It’s also a good idea for the tenant to explain why they want (or need) to sublease their property.
The landlord must approve or deny the request within 30 days, and if no answer is provided, this is considered a tacit approval. If a lease agreement allows subletting, a landlord may deny a specific sublease request only if the prospective subtenant has a poor credit score, a history of eviction or foreclosure, or no proof of their ability to pay rent.
How can a tenant terminate a sublease agreement?
Under North Carolina law, a tenant must follow the same eviction process to evict a subtenant that their landlord would have to follow to remove them. Subtenants may be evicted for breaking either the lease agreement or the sublease agreement.